HomeMy WebLinkAboutItem A: Smoking Area StandardsEUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Work Session: Standards for Outdoor Smoking Areas
Meeting Date: May 23, 2005 Agenda Item Number: B
Department: Planning and Development Staff Contact: Keli Osborn
www. cl. eugene, or. us Contact Telephone Number: 682-5288
ISSUE STATEMENT
Dozens of outdoor smoking areas have been established at Eugene's bars and other businesses to
provide designated smoking areas, following a ban enacted in 2000 on smoking inside public places and
places of employment. Standards for the location and degree of enclosure for these outdoor smoking
areas initially were set by administrative rule in 2001 and may not fully support City Council's
objectives for safe indoor air quality and conformance with State compliance practices.
BACKGROUND
In February 2005, the council adopted an ordinance extending the no-smoking area around entrances for
publicly owned buildings from 10 to 25 feet. In addition, staff initially recommended incorporating
administrative rule provisions for outdoor smoking areas into City Code. Public testimony and City
Council discussion raised issues and concerns, and standards for outdoor smoking areas were set aside.
On May 9, the council held a public hearing on a proposed moratorium on new outdoor smoking areas.
I4/hat currently is allowed in Eugene ?
The City's administrative rule allows outdoor smoking areas for which at least 25 percent of the wall
surfaces are open to outside ventilation. The result is a variety of settings including open patios, covered
outdoor areas and partially enclosed smoking rooms that are separate from other portions of the
business. Neither the rule nor City Code restricts outdoor smoking areas to bars and taverns.
I4/hat work; well and does not work so well with Eugene's current requirement,'?
The standard gives bar and tavern owners a way to designate smoking areas, something the City Council
in 2000 said was desirable. It also provides a measurement, which can be helpful for administration and
enforcement.
However, a number of issues have emerged for employees, patrons, business owners, public health
advocates, and City staff involved with permitting and compliance.
1. There are no agreed-upon standards for safe levels of tobacco smoke exposure. The American
Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) has revised its
standards for tobacco smoke and ventilation to reflect its position that there is no effective
ventilation system that will entirely mitigate the health risks of tobacco smoke exposure. Concern
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has been expressed that Eugene's 25/75 standard for outdoor smoking areas, in which at least 25
percent of wall surfaces are open to the outside air, may not provide an acceptable level of air
circulation.
2. For security, privacy and weather protection, some business owners have added covers to openings
on structures for outdoor smoking. In some instances, as with plastic sheeting, these clearly
compromise air circulation. For others, it's less clear- are latticework, window screens and other
permeable covers acceptable?
3. City staff is unaware of many designated smoking areas at businesses other than bars and taverns,
but there are some. If the council intent is to limit these to food- and beverage-services facilities or to
adults-only establishments, current City regulations overlook this restriction.
4. Business owners seek clarity and consistency in the application of the City's non-smoking
regulations. They base a number of financial and operational decisions on the direction they receive
from City policy makers and staff.
What is the City's enforcement approach for addressing alleged violations?
As with other nuisance and zoning regulations, the City primarily responds to written complaints in
enforcing no-smoking provisions. Anonymous complaints generally are not taken, but the City does log
confidential complaints. Depending on the type of violation - such as one that cannot be field-verified -
- a confidential complainant may be asked to testify in the event of an appeal hearing. Complaint-driven
monitoring does not allow systematic assessment of compliance, and staffing levels make ongoing,
proactive enforcement a challenge. Recent enforcement on outdoor smoking areas followed complaints
from Lane County Public Health staff. City staff also inspected additional outdoor smoking areas for
which complaints were not received in an effort to promote compliance and consistency.
How does Eugene's standard for outdoor smoking area relate to State practice ?
The City Attorney believes Eugene's current standard is lawful, based on language in the statute and
local code. Both the Oregon Indoor Clean Air Act and Eugene Code prohibit smoking in "public
places" and "places of employment." Both of those terms are defined as an "enclosed area." The state
statute, ORS 433.835(1) defines "enclosed area" as "all space between a floor and a ceiling that is closed
on all sides by solid walls or windows, exclusive of doors or passageways, that extend from thefloor to
the ceiling, including all space therein screened by partitions that do not extend to the ceiling" (italics
added). The definition of"enclosed area" in Eugene Code section 6.225 is nearly identical. If the space
is not an enclosed area -- i.e., it does not have walls that run from the floor to the ceiling on all sides -- it
does not fall within the definition of a "public place" or "place of employment" where smoking is
banned. However, State public health staff has indicated concern about outdoor smoking areas that are
partially enclosed.
The City Code and administrative rule do not specify that outdoor smoking areas are limited to adults-
only bars, taverns, cocktail lounges and bingo parlors. These are the establishments exempt from
smoking bans by the Oregon Indoor Clean Air Act adopted by the Oregon Legislature in 2001.
Do other state and local regulations, such as building and zoning codes, affect outdoor smoking areas?
One zoning issue is allowable fence height, which comes up because of the OLCC requirement at some
establishments for distinct drinking areas with barriers to minors. State building codes also regulate
certain construction activities. Approximately 40 identified outdoor smoking areas have been established
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with building permits since the City Council in 2000 adopted the Tobacco Products and Smoking
Ordinance. It's likely that other outdoor smoking areas have been established without City oversight
because no building permit was required - in other words, the structural work involved, if any, did not
trigger the requirement for a permit. It's also possible that still other outdoor smoking areas were
established as building alterations before adoption of the ordinance. A building permit applicant also
might not flag smoking as a possible activity for a building addition or alteration.
Does the Oregon Liquor Control Commission regulate outdoor smoking areas?
The OLCC does not get involved with tobacco smoking in licensed premises. Smoking-only areas can
be created at bars and taverns; but, according to the OLCC, separate areas cannot be established for
consumption of alcohol without providing for entry and monitoring by qualified servers. Depending on
a bar's layout, operations and other factors, patrons might be able to carry their own drinks to separate
smoking areas, but there must be adequate visibility for monitoring - and employee entry, if and when
needed. Practically speaking, this means that any separate smoking area that allows for alcohol
consumption must be open to employees.
Could the City ban existing smoking deck; and previously approved outdoor smoking areas?
Despite the investment a number of establishments have made in these structures, such a ban would be
no different than when the City first adopted no-smoking rules for the interiors of bars, taverns and other
establishments. The City Attorney advises that the City should not be required to pay compensation to a
business or property owner affected by a new ordinance that eliminates designated smoking areas. The
"takings" provisions of the state and federal constitutions would not require compensation, because the
City's regulation still would leave the owner with economically viable uses of the property. In addition,
Measure 37 does not apply to regulations for the protection of public health. Although the examples
listed in the measure are different in kind from a ban on smoking, a smoking ban is so clearly a public
health measure that it falls squarely within the exemption. Of course, the City Attorney's opinion would
not prevent someone from filing a claim.
What are some examples of other standards for designated smoking areas?
British Columbia and other jurisdictions across the continent have allowed installation of separately
ventilated, structurally separated rooms for smoking as a compromise on a total smoking ban. These do
not eliminate the possibility that non-smoking workers may have to work in designated smoking areas
and do not address the ASHRAE standards.
The New York State Clean Indoor Air Act prohibits smoking in virtually all workplaces, including
restaurants and bars. Complaints have arisen about patrons congregating outside of bars and restaurants
to smoke, and concerns about alcoholic drinking outside of bars and restaurants also have come up. The
State advises businesses to obtain approvals from building departments, and liquor licensing and other
agencies. What New York allows is this: Up to 25 percent of the seating in outdoor areas of restaurants
with no roof or ceiling enclosure may be designated as smoking areas. The smoking area must be at least
three feet away from the nonsmoking area and the two areas must be clearly designated with signs.
Upper Arlington, Ohio, also allows smoking on outdoor patios, defined as outdoor areas open to the air
at all times, that are either 1) enclosed by a roof or other overhead covering and not more than two walls
or other side coverings; or 2) has no roof or other overhead covering at all regardless of the number of
walls or other side coverings. Such outdoor patios must be located at least 10 feet from windows, doors
and other openings of an enclosed area.
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Tempe, Arizona, allows designated smoking areas that are outside of any enclosed public place and
removed from building entrances and exits. These must be situated to allow nonsmoking individuals to
conduct normal activity in a smoke-free environment.
The State of Massachusetts, through its indoor clean air act, allows smoking in an outdoor space,
defining it as an outdoor area open to the air at all times without enclosure by walls or side coverings.
An outdoor space is considered to be enclosed, and subject to the smoking ban, when walls and covers
(regardless of materials) are in place.
The first question for the City Council may be whether or not to allow outdoor smoking areas. If the
council wishes to provide for these with revised standards, it would be helpful to address: 1) where
outdoor smoking areas may be located; 2) allowed degree of enclosure, if any, including coverings and
screens; and, 3) effective date, including whether new standards would be applied to existing and
proposed outdoor smoking areas.
RELATED CITY POLICIES
The City Council had adopted goals for sustainable community development and a healthy natural and
built environment.
COUNCIL OPTIONS
1. Direct the City Manager to prepare an ordinance for a public hearing on revised standards for
outdoor smoking areas.
2. Direct the City Manager to consider revisions to the existing administrative rule for outdoor smoking
area standards.
3. Let current code and administrative rule provisions continue to guide City policy for outdoor
smoking areas.
CITY MANAGER'S RECOMMENDATION
The City Manager recommends Option 1 as stated above.
SUGGESTED MOTION
Move to direct the City Manager to prepare an ordinance on standards for outdoor smoking areas and to
schedule a public hearing on the ordinance before October 1, 2005.
ATTACHMENTS
A. Eugene Code sections 6.225-6.240, Tobacco Products and Smoking
B. Administrative Rule R-6.230, Smoking Prohibited
FOR MORE INFORMATION
Staff Contact: Keli Osborn
Telephone: 682-5288
Staff E-Mail: keli.m.osborn~ci.eugene.or.us
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ATTACHMENT A
Eugene Code
Tot)acco Products and Smoking
6.225 Definitions. For the. purposes of sections 6.230 [o 6.240 of this code, the
follorwin9 wo, rds and phrases mean:
Bar: An ar'es that is. devoted to the serving of alcoholic beverages
¢,'~nst,Jmpi~ion by 9ueslts ont premises and in 'which the servi~g of food is only
incidental to '[he consumptio,n o¢ s.uch beverages.
Business. Any so~e proprietorship, partnership, joint venture,~ corporation, er
other business entity, inclludiin9 retail est:a:b, li:sh~ments where 9oods or services
are sold 8s welll as professiona~ ~rporatiions and other entities where
professiional services are delivered.
Employee, Any person; who is. emp!oyed by an employer in~ consideration for
direct or indi:rect monetary wages or profrt, and any person who vo~,u~teers
his. of her services f:o, a non-pre,fill e~tity. This deflinit;ion indu,des independen~
Employer: .~y pe~'son om' entity who, em¢~oys the services of one om' more
individuals.
Enclosed area, All space between a ~oor an,d a ceiling that is. enclosed on
all sides by solid w'a~ls, o¢ windows (exclusive of door or passageways) which
extend from the f~eor to I~he cei!i~g, i;ndiudifn9 all} space therein s, creeaed by
partitions which de not extend to, Ihe ceiling o¢ are, no~ so]id, "'office
landscaping" or similar structure.
Place of' employment, Any enclosed area ur~def the, cenarol of a public or
private employer which employees no.rmalJy .access ,dudng the course of
employme, n;~:~ includir~9, but not limited to, work areas,, employ~ lounges and
rest room, s, conference and class rooms, cafeterias and hallways. A private
residence is not a '*place of emplloya'lent"" un!e:ss it is used aS a child care,
adult day care, or hea~th care facility.
PuDlic place,. Any enclosed area to whiich the public ils invited; or ii~ which
the public is permitted; inclluding? bu:~ not limited to, banks, education 'facilities~
health facilities,~ laundromats, public transportatiorL r'ec~ption .areas,
restaurants,, retai~ food production and marketing eslablishments, retai~
servJoe establishments, retaill stores, ~heate~s, and waiting rooms. A private
residence iS not a "public place" unless, it is, used as a chi;Id care~ adu!t day
care, or heaJt:h cafe facility.
6-1;2
Eug~ene Code
P'ul~liC: trar~s, po~tion, Any motorized vehicle used to transport peop!e
which is held our~ for hire by ~he public or used by a public or private
e~ementary or :s,eco~dary SChOO~ ~0 transpod students
Restaurant. Any coffee shop, .cafeteda, sa~ch :stand, pnvste er public
school cafeteria, a~d any o~hef es~in9 establishment thst 9;itves o¢ offers food
for sa~e to the p~.]blic, guests or emp~oyee~. 8s we~l as kitchens in which 'food
is p,¢epared o,n the premises for serving elsewhere, ~dudi~g ~tering~
facilities~
Retail tobacc~ stele. A retail s~ore uti~ize.d pri~marily for' the sale of tobscco
products and accessories and in which the sale of o'thec products is
incidental.
8e~'ige line, A~y indoor line, of 8ny por~Jo, n of a~ ~ndoor line thai extends
out of doers,, at which one or more persons is waiiiting for or ~e~]vin,g
servi~s of any k;ind, whether er not such sedvices involves, the exchange
money'.
Smoking Any i~hahn~, exhaling, burning, or carrying of a~y lighted p~pe,
cigar, dgare~e,, ,or other [obaccoqike product or subs[a~nce in any manner
in any
Spo~ facility. Any sporls pavilion, gymnasium, health spa, swimmin9 pool
roller rink, b~w!~n9 alley, or o,~her e~closed ¢laces where members of the
general public assemble either ~e engage in ¢~ysica~ exe~'cise, par'ticipste
athletic compe~iiifion, or wit~ess sports e~en~s.
To~cco product Any tobacco ciga~'e.~;~:e, cigar, pipe tobscco~ smoke,!ess
tobacco, chewing tobacco, or any orbed form of tobacco ths~. may be utilized
for smokin9, chewing, mhs~ation, or other means of inges,tion.
(Section 6:225 added by O'~¢nance No. ~8'72'f, enact~ N~mber ¢2; ¢980, amen~d by
(1) Nothing in sections 6225 to 6,240 shall be cons'~:rued to m any way
,affed: :smok~n9 p~ohibi~io~s iiimposed by ~he, fire marshal or o~her
ordinance:s, o~ r~gulatJo~s,
(2) SmeMng is prohibited in all public places 9nd all ¢!aces of employme~t
within the ci~y~ induding~ but not limited to the fo!i~owing:
(a} A~I e~ev'a~o~rs.
(b) Rest rooms,, ~obbies,, reception areas, h,a!~ways, a;nd a;ny c~her
,areas of ~mmo~ use.
(c) Buses, tax~cabs, ,and any other mea;ns of public ~ranspodtat~o~.
6.,13 04~r03/2005
Eugene Co,de
(dj, Service lines, or within ten leer ora service line that extends out: of
do,ors.
(e), Retai~ stores.
(f} A~i areas available and customarily used by'the general public
located in: a business patronized by the public, iincludin9 nora-pr'elint
and public businesses ,A:ff~c~ted businesses include, but are not
limited ~:o, professional offices, banks, lau¢~dr.emats, tqoI:els and
moltellls,
(g), A~I restaurants, taverns, bars, cocktaii~ Iou¢~ges and bingo padors~
(h) Any enclosed facility lhat is prim~ariilly ,used for" exhibidn,g any
motiiion picture, stage or ,drama production, Illecture, music reciltal o,r
other s.lmilar performance, e×ceplt Ifo, r p,edorme~s whe~ smoking
part of a stage of' drama prodluction.
(i) SporI:s faciliities.
,(i)~ Every room, chamber, pi:ace .of rneeting or' public assembly,
inc!udin9 school buildings under the control of any board, council,
co, mtmlssion, o,r cemmi;lt, ee, ind!uding joint commif~:ee, s or ag,endes
of the dry', daring the time a public meeting is in progress.
(k) Within pub!iic!y Owrled buildings and within :25 feet of any enfFance
or' air intake to, er any operable window of, any' 8uoh bui;Idinl;l~
However, notwi:(l'~;standing th,e forego, lng p~hibition, a private
establishment that is, lo,cared in a ~ty-owaed bui~lding and that has
a separate entrance may have an outdoor smoking area if it
complies wiith other provisions of this cede and any rules adopted
by' the cit:y manager to implement this s,ection, and no smoking
occurs, wi~:hir~ 25 fee,[ of an en;[r"a~ce, ,air intake to or operable
window ¢ another' busiiiness, agency or esia,blishment J,o,cated
within the same city,-owned; building.
(I) W.aJting rooms, hallways, wards, an,d semi-private rooms of health
care fadlilies, i, nciuding, but ne,t: limited I:o,, hospitals., clinics,
physical therapy facilities, and ¢oc(ors a~std d;entis['s
(m) Lobbies.~ hallways, and or:her enclllosed common .areas in
apartment bui:l;di~'~gs, condam~iniu;ms, trailer parks,, re,I:iremen:~:
facilities, ~ursiing homes, and other muitip, le-unJt residential
facilitieS,
(nj, P'oi~ing places,
,(o), Within a reasonable distance, of not Iless than t, en feet, of any
entran~ to any enclosed area where smoking: iis prohibi:ted
Employers afFe required to provide for all employees a place of
employment iiin which employees are not exposed to the smoking of
others.
,¢Sec¢:or~ 6.230 added by' Ord,~narcce Ne, ¢872% e~acted Nove~ber '~ 2,. 1'98'8',; a,~en~ by
O~na,c,~ce No. 20212,, enacted September25, 2000, effective October26; 2000; Ordinance
202 ~ 5, e~a¢,,fed No,~beri 13i,, ,200'0, effec#~ De~'emt~er ¢ ~, 2000; ¢~d' O,rdir~anc~i No,
enacted lUte~h' 4, 2005, effec#~ Apn7 & 2,005,)
6-,14 04/03i2005
Eugene Code
Smokin_q Prohibited; E~force~e~t,
(1) ~n every building or enclosed area in which smoking is pro.hibiled by
section 6.230 of thiiis ,code, a **No Smokin~g~" sign sha!l be cons. picuouslly
posted by the owner, manager,, or' other person~ haviir~9 control o'lf 'the
building or' area;. The signs sh.all be of a f:orm andl size appro, ved by [he
city manager and: conllain a fef'erence lhat regulaiion is by section,s
6.225 to ,6240 of this ,code.
{'2) A~ primary or, trances (o public places or" publicly ownedl buildir~g:s
~ich smokin,9 is prohibited by secttion 6,230 of this code, the owner ,or
manager of suot~ place o¢ buii~ding shall post a "No Smo, ki~9" si~gn so
that the sign ils p~ainly, visiiib!e from the o~utside of ithe entrance The
signs shall be of a form and :size approved by ~he city manager and
cont.ain a referen~ that regula[ion is by sect. ions 6.2:25 re 6.240 of this
code,
(,3) ~t shall b,e unl.a~ul for any person I;e remove, deface or destroy, any'
sign r'equired¢ by this sertiiion
(4) No person or employ.er sha~! discharge, refuse to h re, or in e~ny' manner
retalli.ate agair~st an employee, app~i~nl for emp~oymer~t, or customer
because t:he emp!oyee~ applicant of customer repeals or attempts to
prosecute 8 viiolation of section, 62~ of this. ~de.
($) Any person who violates a prevision of sec~:ion 6.2:30 or 6.2:35, ,or any
busin,ess.~ owner, or employer who permits a vio~ati,o~ to occur shall be
subiert to the per, al!ties provided in section 6990(13 ), an admi¢~is'trative
civill pe~alllty pursuant to section 6,995 of this code~ er both SuCh fine
and pe~alt:y.
(Secdon 6.235 added by O,.rd,,'na.n,ce No. ~872'1. en~cte,d November ~2,. 1r980'; a'men~,,d by
Or'dinanc'e No, ~2 t 2,. enact~ ,September 2'5, 2000, effec,t¢'ve October 26, 2~0,: and
No. 20338 or, acted March 4, 2,005;, e:~ct¢'~:e A¢¢!3
6.2413 The r'estriofions se[ forth itl section, s
6230 and; 6,.2:35 of this ~de do not apry
(a) Private res. iden~s,, unless t;he private residence is used as a child care
adult day. care, or health care fecillity;
(b) Rented rnotel/hotelli ro,o, ms that are des, ignat~ in :some manner as
smok nrg rooms ;by the ,owner of the estab!;ishment rentf~ing the
(lc.) Private rooms rented for an occupancy that exceeds eno month and net:
located in a private residence used; ,as a child¢ ~re, adult day care.
health care facilllity;
(d) Retail tobacco s~o, res; or
(e) Des. ig~ated; smokin.g ,entrar~oes~
f'Sec~;¢:on 6.240 added b:y O,rd#3a.nce No. 2',02¢2 enacted S'epter~be,r 25. 200.0, e¢~ctive October
26, ~0' a~d.amen~ by O~nafl'ce No. 20215, e,~,?ect~ November 13, 2000,
Decameter I3 2~0. )
6-15, 04/0:3/2005
ATTACHMENT B
ADMINISTRATIVE ORDER NO. 21-01-10-F
of the
City Manager of the City of Eugene
AMENDMENT AND ADOPTION OF SMOKING
PROHIBITED TEMPORARY ADMINISTRATIVE RULE R-
6.230 AS A PERMANENT RULE, AND REPEAL OF
ADMINISTRATIVE ORDER NO. 21-01-03.
The City Manager of the City of Eugene finds that:
A. Section 2.019 of the Eugene Code, 1971, authorizes the City Manager to adopt rules
for implementation of any provisions of that Code. Sections 6.225 through 6.240 establish policies,
prohibitions, and procedures related to smoking prohibited in public places and places of
employment within thc City. Those sections were added to, or amended the Eugene Code, 1971 by
Ordinance Nos. 18721,20212, and 20215, and the current Code provisions have been in effect since
December 13, 2000.
B. Pursuant to that authority, Smoking Prohibited Temporary Administrative Rule R-
6.230 was adopted on July 25, 2001, by Administrative Order No. 21-01-03.
C. On December 21, 2001, I issued Administrative Order No. 21-01-10 proposing that
the Temporary Rule be amended by deleting requirements relating to construction activity, amending
the "Smoking Prohibited - Enclosed Area" section, and adding a new section defining the manner
in which "enclosed area" and "solid wall" are to be interpreted for enforcement purposes, and
adopting Temporary Rule R-6.230 as amended as a permanent rule.
D. Notice of the proposed rule amendment and adoption was published in tlae Register-
Guard, a newspaper of general circulation within the City, for five consecutive days, to-wit, on
December 28, 29, 30 and 31, 2001, and January 1, 2002. The Notice was also made available to
persons who had requested such notice, and provided that written comments would be received
thereon for a period of 15 days from the first date of publication. No written comments were
received within the time or in the manner provided in the Notice. However, during the comment
period, staff recommended revisions to the second sentence of Rule R-6.230-A(b) to clarify the
definition of an "enclosed area." I concur with the recommendation which has been incorporated
herein.
Now, therefore, based on the above findings, which are hereby adopted, and the findings in
Administrative Order No. 21-01-10, and pursuant to the authority of Section 2.019 of the Eugene
Code, 1971, Administrative Order No. 21-01-03 is repealed as of the effective date of this order, and
Smoking Prohibited Temporary Administrative Rule R-6.230 is hereby amended and adopted as a
permanent rule, to provide:
Administrative Order - 1
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SMOKING PROHIBITED
ADMINISTRATIVE RULE R-6,230
R-6.230-A Smoking Prohibited - Enclosed Area.
Section 6.225 of the Eugene Code, 1971 defines what constitutes an "enclosed area" for
purposes of administering and enforcing Sections 6.225 to 6.240 of that Code. As used in that
definition, "solid wall" means:
(a) For existing structures, a wall built according to generally accepted standards
for structures intended for human occupancy. An existing solid wall may be altered to a non-
solid condition only by means of approved construction techniques upon issuance of a
building permit by the City. The removal of doors or windows from their frames does not
convert an existing solid wall to a non-solid wall.
(b) For construction begun after January 1, 2002, a wall built according to
standards for occupied structures imposed by the building code under which the building
permit was obtained, including a fottndation and roof support. In addition, an exterior wall
shall meet the definition of a solid wall only if 50 percent or more of the total area bounded
by the floor, roof line and adjacent walls is impervious to the outside air. Notwithstanding
this definition of "solid wall" for new construction, a newly constructed area meets the
definition of an "enclosed area" if more than 75 percent of the total area of all wall space or
vertical planes defining the area consists of walls or other materials that prevent the fi-ee
flow of outside air to the area, and if any portion of the defined area is covered by a roof.
R-6.230-B Interpretation for Enforcement Purposes.
In enforcing the provisions of Sections 6.225 through 6.240 of the Eugene Code, 1971, the
City Manager or designee shall interpret the terms "enclosed area" and "solid wail" consistent with
the definitions provided in the applicable Code section, ordinance, and rule, and in such a way as to
ensure that, in those areas where smoking is allowed, that sufficient natural ventilation exists to
minimize the exposure of employees or members of the public to tobacco smoke.
Dated this ~ ~ day of January, 2002.
James R. Johnson
City Manager
Administrative Order - 2
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